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The most important amendments and provisions concerning the theory of obligation in light of the legislative reform of French Civil Code No. 131 of 2016 (a comparative study) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 38, Volume 16, Issue: 1, March 2026, Pages 1140-1177 PDF (956.1 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.165248.1604 | ||
| Author | ||
| Maher Mohammed Alwan* | ||
| University of Fallujah, College of Law, Iraq | ||
| Abstract | ||
| This study aims to demonstrate the innovative aspects of the theory of obligation as stated in French Civil Code No. 131 of 2016, and compare it with the provisions of the Iraqi Civil Code, both in relation to the general concept of the theory of obligation, and in relation to the provisions related to the contract. It presents the position of the French legislator on this theory in the previous and current civil code, as well as comparing it with the provisions of the Iraqi Civil Code, with the aim of providing Arab lawyers and jurists in general, and Iraqis in particular, with a closer insight into this project, in terms of justifications and results, as well as the extent of the success of its drafters and the French legislator behind them, in restoring the legal standing of this theory and correcting the various negative aspects from which it suffered. All of this is achieved through two sections, which address the features of the legislative reform of the French Civil Code in form and substance (the first section), as well as the most important new provisions regarding the implementation of the contract and its transfer in the new amendment to the French Civil Code (the second section(. | ||
| Keywords | ||
| Theory of Obligation; Methodology; Amendment of the French Civil Code; Contract Assignment; Negotiations | ||
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